St. John Indiana - Founded 1837
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December 20, 2012 Town Council Minutes

Michael Forbes, PresidentAttorney David Austgen
Mark Barenie, Vice-PresidentSherry Sury, Clerk-Treasurer
Larry BustamanteSteve Kil, Town Manager
Gregory Volk 
Ken Gembala 

CALL TO ORDER:
Mr. Forbes called to order the Town Council's regular meeting of December 20, 2012, at 7:15 p.m. (The Pledge of Allegiance was said.)

ROLL CALL:
Ms. Sherry Sury, Clerk-Treasurer, took roll call with the following members present: Michael Forbes, Mark Barenie, Gregory Volk, Ken Gembala, and Larry Bustamante. Attorney David Austgen was present. Staff members present: Steve Kil. Police Chief, Fred Frego and Fire Chief, Fred Willman. Chip Sobek, Parks Superintendent, was absent. Recording Secretary, Susan E. Wright was also present.

APPROVAL OF MINUTES:
AUGUST 23, 2012 EXECUTIVE SESSION
SEPTEMBER 13, 2012 EXECUTIVE SESSION
SEPTEMBER 27, 2012 EXECUTIVE SESSION
OCTOBER 25, 2012, EXECUTIVE SESSION

Mr. Forbes noted that there were several Executive Session meeting minutes to be considered for approval. Mr. Forbes noted that Attorney Austgen had asked for time to review these executive sessions at the last meeting.

Attorney Austgen stated that he has reviewed and reformatted the Executive Meeting minutes presented so that they were consistent with the Notices and the minutes also provide a signatory space for the Town Council members that were present on action of each.

(General discussion ensued.)

Mr. Forbes stated that he entertain a motion to approve the August 23, 2012, Executive Session; September 13, 2012, Executive Session; September 27, 2012, Executive Session; October 25, 2012, Executive Session; and the December 20, 2012, Executive Session minutes. “So moved,” by Mr. Barenie. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes remarked that the Attorney Austgen has created a new format for the Executive Session minutes which include signatory lines for each member. Mr. Forbes reminded each member sign the appropriate sessions that were approved tonight amongst everything else that must be signed.

NEW BUSINESS:
A. CONSIDER THE 2013 ST. JOHN FIRE DEPARTMENT ROSTER

Mr. Forbes stated that the 2013 Fire Department Roster was submitted to the Council for their perusal. There were no questions or comments. Mr. Bustamante moved to approve the 2013 Fire Department Roster. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

B. CONSIDER CONTRACT WITH ST. JOHN TOWNSHIP TRUSTEE FOR FIRE SERVICES IN UNINCORPORATED ST. JOHN TOWNSHIP

Mr. Forbes stated that the Council must consider a contract with the St. John Township Trustee for Fire Services in unincorporated St. John Township. He stated that the contract amount was $57,139. Mr. Volk asked if the contract was the same amount and if the contract covered the same area as in 2012. Chief Willman stated that the area covered remains the same but he would have to review the figures to see if there was an increase. Chief Willman stated that the dollar amount on the contract usually goes up three to five percent.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion on the contract with the St. John Township Trustee. “So moved,” by Mr. Bustamante. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

C. CONSIDER CONTRACT WITH ST. JOHN TOWNSHIP TRUSTEE FOR SENIOR CITIZEN DROP IN CENTER

Mr. Forbes stated that the next contract the Council had to consider was the contract with the St. John Township for Senior Citizen Drop In Center. He noted that this contract was the same amount.

Mr. Gembala made a motion to approve the contract with the St. John Township Trustee for the Senior Citizen Drop In Center. Mr. Volk seconded the motion. The motion was unanimously carried by voice vote (5/0).

D. CONSIDER REQUEST TO WRITE-OFF UNCOLLECTIBLE BAD DEBT FOR TRASH PENALTIES IN THE AMOUNT OF THREE HUNDRED TWENTY DOLLARS AND THIRTY-THREE CENTS ($320.33)

Mr. Forbes stated the Council had before them a Request to Write-Off Uncollectible Bad Debt for Trash Penalties in the amount of $320.33.

There was no discussion. Mr. Forbes stated he would entertain a motion to approve the write-off. “So moved,” by Mr. Gembala. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (5/0).

E. RESOLUTION NO. 12-12-20 ‐ RESOLUTION TO ENCUMBER FUNDS

Mr. Forbes presented Resolution No. 12-12-20, a Resolution to Encumber Funds. Ms. Sury explained that these were funds for salt. She stated that salt has been ordered but a bill has not been received. She stated that the funds are being encumbered out of the 2012 appropriation to pay the salt bill when it is received.

(General discussion ensued.)

Mr. Forbes stated there was a motion to adopt Resolution Number 12-12-20. “So moved,” by Mr. Barenie. The motion was seconded by Mr. Gembala. The motion was unanimously carried by voice vote (5/0).

F. RESOLUTION NUMBER 12-12-20-A ‐ RESOLUTION OF TRANSFER OF APPROPRIATIONS WITHIN DEPARTMENTS AND TO OTHER DEPARTMENTS

Mr. Forbes stated that Resolution Number 12-12-20-A was a Resolution of Transfer of Appropriations within Departments and to other Departments. Mr. Forbes remarked that this appeared to be the year-end close out. Ms. Sury concurred. She explained to the Council that the document she submitted reflects transfers within departments and to other departments on the list. Ms. Sury explained that the year-end close out is so that there are no zero balances in some appropriations and other appropriations that have money in them that is not used.

Mr. Gembala made a motion to approve Resolution Number 12-12-20-A, a resolution to transfer appropriations. Mr. Barenie seconded the motion. The motion was unanimously carried by voice vote (5/0).

G. CONSIDER ENTERING INTO INTERLOCAL AGREEMENT WITH TOWN OF SCHERERVILLE, TOWN OF DYER AND LAKE CENTRAL SCHOOL CORPORATION FOR “COPS” GRANT FOR STUDENT RESOURCE OFFICER

Mr. Forbes stated that the Council would consider entering into an Interlocal Agreement with the Towns of Schererville, Dyer and the Lake Central School Corporation for a “COPS” grant for a Student Resource Officer. He explained that this was grant money that the Town received to use for a Resource Officer. Mr. Forbes stated that the grant received was not enough to fully support the Resource Officer, and for this reason, St. John would enter into an interlocal agreement with the aforementioned entities to help pay for the Resource Officer.

Mr. Forbes stated that the Town of Schererville has sent a check in the amount of $10,000.00 to be used towards the salary of the Resource Officer. He stated that he is in receipt of letters from the Towns of Dyer and Schererville and the Lake Central School Corporation for commitments into the “COPS” program. Mr. Forbes stated that the interlocal agreement has not been drafted yet, but the interlocal agreement must be entered into by 2015.

(General discussion ensued.)

Mr. Kil explained the timeline to the Council. He stated that once the Council authorizes acceptance of the grant, Chief Frego will immediately start the process to hire a Resource Officer. Mr. Kil stated that the goal is to have a Resource Officer assigned to Lake Central High School by the start of the 2013 school year. He stated that the grant is enough to pay for a year and a half's salary for the Resource Officer through the interlocal agreement.

(General discussion ensued.)

Chief Frego stated he would start the hiring process immediately after acceptance and approval of the grant. He stated that a veteran officer must be hired. Chief Frego stated that they would like to have the officer trained and in place by mid-year, June.

Mr. Gembala stated that he would like to emphasize that it be a St. John police officer and not just a security guard. Chief Frego stated that the Resource Officer would be a full-time, sworn and certified St. John police officer.

Mr. Forbes stated that Dr. Verraco would like to be involved in the interview process. Mr. Forbes stated that placing the right individual in the position is key. Chief Frego stated that he has had a staff meeting where two or three suitable candidates for the position were discussed. Chief Frego would not divulge the names of the potential candidates; he stated it would be a current officer from the St. John Police Department who would be placed in the position of the Resource Officer. Chief Frego stated that the officer would have to undergo training before starting the job.

(General discussion ensued.)

Mr. Kil stated there would be two motions, the first motion would be acceptance of the grant and signing of the grant by Mr. Forbes and Chief Frego; the second motion would be to authorize Attorney Austgen to commence drafting the interlocal cooperative agreement for the hiring of the Resource Officer.

Mr. Gembala made a motion to authorize acceptance of the “COPS” grant for the Resource Officer. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated he would entertain a motion to instruct Attorney Austgen to begin drafting the Interlocal Agreement for the Resource Officer. ”So moved,” by Mr. Barenie. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes gave Ms. Sury the $10,000.00 check received from the Town of Schererville. Ms. Sury stated that the check would be held. Mr. Forbes directed Attorney Austgen to draft a special, non-reverting fund ordinance to deposit the $10,000.00 check into along with any other monies received for the “COPS” grant.

H. CONSIDER ORDINANCE NO. 1566 ‐ AN ORDINANCE APPROVING A TEMPORARY LOAN PURSUANT TO HOME RULE AUTHORITY

Mr. Forbes stated that the next item to consider was Ordinance No. 1566, an ordinance approving a temporary loan pursuant to Home Rule Authority. Attorney Austgen explained to the Council that the Town was recently subjected to a regular and periodic State Board of Accounts exam. He stated that this audit is performed by the Indiana State Board of Accounts.

Attorney Austgen explained to the Council that a comment was made by the State Board of Accounts concerning a temporary loan made from the Wastewater funds that was approved and acted upon by the Council in resolution form. He stated that the State Board of Accounts has interpreted the code that an ordinance is required for this temporary loan.

Attorney Austgen stated that Ordinance No. 1566 ratifies the action taken by the Council and should satisfy the State Board of Accounts. He stated that this action should also cause removal of the comments made by the State Board of Accounts at the Town's next audit.

(General discussion ensued.)

Mr. Forbes stated he would entertain a motion to consider Ordinance No. 1566 on first reading. “So moved,“ by Mr. Volk. The motion was seconded by Mr. Gembala. The motion was unanimously carried by voice vote (5/0).

Mr. Forbes stated he would entertain a motion to adopt Ordinance No. 1566. “So moved,“ by Mr. Volk. The motion was seconded by Mr. Barenie. The motion was unanimously carried by voice vote (5/0).

REPORTS AND CORRESPONDENCE:
A. TOWN COUNCIL:

Mr. Bustmante stated that Christmas in the Park has been going pretty well and the citizens look forward to it. He stated that the residents really appreciate the train ride and Santa being present. He stated that he has heard nothing but positive feedback for what the Town is doing.

Mr. Gembala had nothing to report.

Mr. Barenie had nothing to report.

Mr. Forbes stated that there was one thing he neglected to do in his report of the Haunted House at the last meeting. He stated that the Lion's Club uses their own money to buy the candy and other things. He stated that, generally, $500 is donated back to the Lion's Club to cover their costs.

Mr. Forbes asked the Council to entertain a motion to donate $500 to the Lion's Club. “So moved,” by Mr. Barenie. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (5/0). Mr. Forbes stated that this donation will come out of the Haunted House funds.

Mr. Volk gave an update on the garbage dumpsters at the salt barn. He stated that this program was reestablished in late spring or early summer of 2012. Mr. Volk reported that the Town has been allotted 104 dumpsters per year pursuant to the contract with the garbage service which runs from May to May. Thus far, only 28 dumpster have been used. Mr. Volk stated there are plenty of dumpsters left for the next six months without going over the allotment.

Mr. Volk stated that he directed Mr. Kil to post some signs (for liability purposes) at the site after observing residents climbing on the dumpsters. For the record, Mr. Kil stated that signs have been posted “Do not climb in, on or around the dumpsters.”

Mr. Forbes thanked all of the Town staff and Department heads. He stated everyone has done a great job in 2012. Mr. Forbes stated that everyone is a cohesive unit working for the betterment of the Town. Mr. Forbes stated it was a pleasure working with his fellow council members and told them he appreciates all of the hard work that they do.

B. CLERK-TREASURER:
Ms. Sury asked if any of the Town's meetings dates will be changed. She stated that she has to notify the press at the beginning of the year. Mr. Forbes stated that the schedule has worked out well, he has seen no conflicts and could not foresee any reason for a change.

(General discussion ensued.)

Chief Frego stated that the Police Commission meetings will be held on the second Monday of the month but start 6:30 p.m. instead of 7:00 p.m.

Mr. Forbes recommended that Town Council meet first at the January 10, 2013, meeting only. He explained that if the Town Council meeting was held first the Town Council could make appointments to the respective boards of the Waterworks Board and the Utility Board. The Council concurred on the order of the January, 2013, meeting. After January, the regular meeting agenda will be followed.

C. ATTORNEY'S REPORT
Attorney Austgen had nothing to report.

D. STAFF:
Mr. Kil had nothing additional to report.

Chief Frego delivered the Police Department's Activity Report for November, 2012. Chief Frego thanked the Council on the adoption of the “COPS” grant. He stated that having a Resource Officer at Lake Central High School has long been a goal of his. He further stated that in light of the tragic events that transpired in Newtown, Connecticut, last week reinforces the need for a Resource Officer at the high school.

Chief Frego stated that 2013 will be a great year for the Police Department with plans to hire a new officer, a Resource Officer and on the road to CALEA accreditation. Chief Frego wished everyone a Merry Christmas, Happy Holidays and a Happy New Year.

Chief Willman delivered the Fire Departments Activity Report for November, 2012.

PAYMENT OF BILLS:
Mr. Forbes stated that next item was payment of the bills. He stated that the general APVs Nos. 9167 through 9313 amounted to $1,057,019.81. Mr. Forbes asked for a motion on payment of APV Nos. 9167 through 9313 in the amount of $1,057,019.81. “So moved,” by Mr. Barenie. The motion was seconded by Mr. Bustamante. The motion was unanimously carried by voice vote (5/0).

PUBLIC COMMENT:
Mr. Forbes called for public comment. There was no public comment.

ADJOURNMENT:
Mr. Forbes stated he would entertain a motion to adjourn. “So moved,” by Mr. Gembala. Mr. Bustamante seconded the motion. The motion was unanimously carried by voice vote (5/0). (The meeting was adjourned at 7:45 p.m.)

A TRUE COPY

_______________________________________________
Susan E. Wright
Recording Secretary St. John Town Council